(1) Except as provided in subsection (2) of this section, no publicly funded college or university in this state shall, as part of the student application and admission process for disciplines not requiring licensure or clinical or field placements, inquire about or consider any applicant’s criminal history or juvenile court record information.

Terms Used In Nebraska Statutes 85-607.01

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2)(a) Subsection (1) of this section does not prohibit an inquiry regarding an applicant’s criminal history or juvenile court record information or consideration of such matters to the extent required by state or federal law or when such matters are voluntarily submitted by an applicant.

(b) Any inquiry regarding an applicant’s criminal history or juvenile court record information and any consideration of such matters shall be strictly limited to the extent permitted by this subsection.

(3) This section does not apply to inquiries or consideration of criminal history or juvenile court record information (a) occurring subsequent to the student application and admission process as part of a professional licensure process or an academically required clinical or field placement, (b) in any application or other process relating to student housing, or (c) in any application or other process relating to any athletic program.

(4) For purposes of this section, criminal history or juvenile court record information means all records relating to an applicant’s criminal history record or juvenile court record, including, but not limited to, any information or other data concerning any proceedings relating to a case, any arrest, being taking into custody, a petition, a complaint, an indictment, an information, a trial, a hearing, an adjudication, any correctional supervision, a dismissal, or any other disposition or sentence.

Source

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